AR20140001542

IN THE CASE OF: Ms.

BOARD DATE: 24 November 2014

CASE NUMBER: AR20140001542
___________________________________________________________________________

Board Determination and Directed Action

1. After carefully examining the applicants record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for the applicants discharge is now inequitable based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service.

2. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicants discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1.

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests a change to his narrative reason for discharge.

2. The applicant states, in effect, the law has superseded his narrative reason for discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 16 January 2014
b. Discharge received: Honorable
c. Date of Discharge: 8 March 1999
d. Reason/Authority/SPD/RE: Homosexual Admission, AR 635-200, Chapter 15 Paragraph 15-3b, JRB, RE-4
e. Unit of assignment: 1st AD Mercury Test Site, Fort Irwin, CA
f. Current Enlistment Date/Term: 23 July 1997, 6 years
g. Current Enlistment Service: 1 year, 7 months, 16 days
h. Total Service: 12 years, 5 months, 6 days
i. Time lost: None
j. Previous Discharges: RA-861003-901004/HD RA-901005-930208/HD RA-930209-970722/HD
k. Highest Grade Achieved: E-6
l. Military Occupational Specialty: 91S30, Preventive Medical Specialist
m. GT Score: 120
n. Education: HS Graduate
o. Overseas Service: Germany
p. Combat Service: None
q. Decorations/Awards: MSM, ARCOM, AAM-2, AGCM-3, NDSM, NPDR-2 ASR, OSR-2
r. Administrative Separation Board: No
s. Performance Ratings: Yes
t. Counseling Statements: None
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 3 October 1986, for a period of 4 years. He reenlisted for three additional periods (5 October 1990 for 3 years, 9 February 1993 for 4 years, and 23 July 1997 for 6 years). He was 46 years old at the time of last enlistment, and a high school graduate. His record indicates he served in Germany; earned several awards including the MSM, ARCOM, two AAMs, and three AGCMs, and achieved the rank of SSG/E-6. He was serving at Fort Irwin, CA when separation action was initiated. He completed 12 years, 5 months, and 6 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service record does not contain the discharge packet that normally provides the facts and circumstances related to the discharge. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.

2. The DD Form 214 indicates that on 8 March 1999, the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, for homosexual admission, with a characterization of honorable. The DD Form 214 shows a Separation Program Designator (SPD) of JRB and a reentry eligibility (RE) code of 4.

3. On 2 March 1999, DA, HQ, National Training Center and Fort Irwin, Fort Irwin, CA, Orders Number 61-33, discharged the applicant from the Army, effective 8 March 1999.

4. The applicant’s available record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There are no negative counselings or actions under the Uniform Code of Military Justice in the available record.

2. Two NCO Evaluation Reports covering the periods October 1996 through September 1998. The applicant received an overall rating of “Among the Best” for the period October 1996 through September 1997 and “Fully Capable” for the period October 1997 through September 1998.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY:

The applicant provided none.

REGULATORY AUTHORITY:

1. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 15 stated that active homosexuality was incompatible with military service and provided, in pertinent part, for the separation of members who actively engaged in homosexual conduct or who, by their statements, demonstrated a tendency to engage in homosexual conduct.

2. The Regulation stated that when the sole basis for separation was homosexuality, a discharge under other than honorable conditions may be issued only if such characterization was warranted in accordance with Chapter 3, Section III, and if there was a finding that during the current term of service the Soldier attempted, solicited, or committed a homosexual act by using force, coercion or intimidation; with a person under 16 years of age; with a subordinate in circumstances that violate customary military superior subordinate relationships; openly in public view; for compensation; aboard a military vessel or aircraft; or in another location subject to military control if the conduct had, or was likely to have had, an adverse impact on discipline, good order, or morale due to the close proximity of other Soldiers of the Armed Forces.

3. In all other cases where no aggravating factors were present, the type of discharge would reflect the character of the Soldiers overall record of service.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for a change to the narrative reason for his discharge was carefully considered.

2. After examining the applicants available record of service and the issue submitted with the application, there are sufficient mitigating factors to warrant a change to the narrative reason for the discharge based on the current standard.

3. The available evidence of record shows the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, in effect at the time, by reason of a homosexual admission. The applicant completed 12 years, 5 months, and 6 days of active service, attained the grade of SSG/E-6, and had no derogatory information in the available record.

4. Although the facts and circumstances are not in the service record, the award of an honorable characterization of service is normally indicative of the absence of aggravating factors.

5. Current law and regulations now allow Soldiers who are homosexual to serve openly. Former Soldiers that were discharged under the old policy may request a change to the reason for their separation invoking the current standard. The Board considers any aggravating factors and in their absence, will change the narrative reason for the discharge to Secretarial Authority. The applicants available record does not indicate the presence of any aggravating factors.

6. In view of the foregoing, the narrative reason of the applicants discharge being now inequitable, the analyst recommends the Board grant full relief by changing the narrative reason for discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 24 November 2014 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: NA No Change: NA
Reason Change: 5 No Change: 0
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: NA
Change Reason to: Secretarial Authority
Change Authority for Separation: AR 635-200, Chapter 5-3
Change RE Code to: 1
Grade Restoration to: NA
Other: Separation Program Designator Code (SPD) JFF

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable SCM- Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
CG – Company Grade Article 15 HD – Honorable Discharge OAD – Ordered to Active Duty UNC – Uncharacterized Discharge
CID – Criminal investigation Department MP Military Police OMPF – Official Military Personnel File UOTHC – Under Other Than Honorable Conditions

ADRB Case Report and Directive (cont) AR20140001542

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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